Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Order Date: 02.11.2026
Case Overview
- Petition: Civil Revision Petition (CRP/205/2026) filed by Binod Rabha, son of Dushasan Rabha, resident of Damra, Goalpara, Assam, and Abdul Matin Mondal, son of Late Haji Sikandar Ali, resident of Aolatoli, Goalpara, Assam.
- Respondents: The New India Assurance Co. Ltd. and another party, represented by the Bongaigaon Division Manager.
- The petition challenges the order dated 21 July 2026 passed by the Member of the Motor Accident Claims Tribunal (MACT), Goalpara, in MAC Case No.271/2022, wherein the Tribunal dismissed the claim for non‑prosecution, holding that the petitioner was indulging in delay tactics.
- The petitioner sought adjournment on 21 July 2026, which the Tribunal denied, leading to dismissal.
- The High Court examined the provisions of the Motor Vehicles Act, noting that compensation provisions are beneficial in nature and that the Tribunal adopted a mechanical approach, ignoring these provisions.
Final Outcome
- The High Court held the Tribunal’s order dated 21 July 2026 to be “bad in law” and set it aside.
- The Tribunal is directed to dispose of MAC Case No.271/2022 after providing the claimant adequate opportunity to prove his case.
- Consequently, the Civil Revision Petition stands disposed of.
Topics: Court Decision, Motor Accident Compensation, Insurance Claim